Uganda Case Law

Fatemabai Fazlehussein Patwa v Haruna Enterprises (U) Ltd

Fatemabai Fazlehussein Patwa v Haruna Enterprises (U) Ltd (Miscellaneous Application No. 1090 of 2025) [2025] UGCommC 192 (30 June 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1090 of 2025

Judge

Tumusiime Rubagumya, J

The Court found that the Applicant, a resident of the United Kingdom, was unable to file her affidavit in reply within the prescribed time due to the unavailability of notarial services during public and school holidays. The Court accepted that the Applicant acted promptly upon receiving the Notice of Motion and secured the earliest available appointment with a Notary Public, and that her delay was not due to negligence or lack of diligence. The Court held that, in the circumstances, the Applicant had shown sufficient cause for the delay. The Court exercised its discretion under Section 98 of…

Source excerpt

• Enlargement Of Time
• Affidavit Filing Deadlines
• Court Discretion
• Procedural Compliance

Atugonza and Another v National Forestry Authority and Another

Atugonza and Another v National Forestry Authority and Another (Miscellaneous Application 5 of 2022) [2024] UGHC 1157 (13 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 5 of 2022

Judge

Byaruhanga Rugyema, J

The High Court at Hoima set aside a dismissal for non-appearance and reinstated the suit, finding the first respondent’s late affidavit incompetent.

• Reinstatement Of Suit
• Dismissal For Non Appearance
• Customary Land Dispute
• Affidavit Filing Deadlines
• Reinstatement-of-suit
• Dismissal-for-non-appearance

Kakande Kenneth Paul v Ruhindi Fred and Another

Kakande Kenneth Paul v Ruhindi Fred and Another (Election Petition No.7 of 2006) (Election Petition No.7 of 2006) [2006] UGHC 34 (4 September 2006)

Court

High Court of Uganda

Case number

Election Petition No.7 of 2006

The High Court excluded late-served affidavits, refused recusal for alleged bias, and later granted leave to withdraw the election petition with costs orders.

• Affidavit Filing Deadlines
• Service Of Process
• Judicial Bias Allegations
• Withdrawal Of Petition
• Election-petitions
• Affidavit-service

Nelson Sande Ndungo v Electoral Commission (HCT - 01 - CV - EP - 0004 of 2006) (HCT - 01 - CV - EP - 0004 of 2006)

Nelson Sande Ndungo v Electoral Commission (HCT - 01 - CV - EP - 0004 of 2006) (HCT - 01 - CV - EP - 0004 of 2006) [2006] UGHC 22 (16 June 2006)

Court

High Court of Uganda

Case number

HCT - 01 - CV - EP - 0004 of 2006

The High Court struck out the respondent’s late affidavit in an election petition, held Rule 7 mandatory, set aside the disqualification, and reinstated the candidate.

• Election Petition Procedure
• Affidavit Filing Deadlines
• Disqualification Of Candidate
• Judicial Discretion Extension Of Time
• Election-petition-procedure
• Affidavit-deadlines

Akugizibwe Vs Muhumuza & 2 Ors

Akugizibwe Vs Muhumuza & 2 Ors (Election Petition Appeal No. 34 of 2016) [2017] UGCA 127 (23 January 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 34 of 2016

Judge

Owiny-Dollo, DCJ, Kavuma, JA, Kiryabwire, JA

The Court of Appeal found that the trial judge erred by relying on the evidence of a non-existent witness and failing to properly evaluate the evidence, particularly regarding the tally sheet and affidavits. The Court held that affidavits accompanying the petition must be filed within the statutory period, but additional evidential affidavits may be filed later. The burden of proof lies with the petitioner, and mere possession of a National ID does not prove denial of voting rights. Non-compliance was found at only two out of ninety-one polling stations, which was insufficient to substantiall…

Source excerpt

• Parliamentary Elections
• Burden Of Proof
• Electoral Irregularities
• Affidavit Filing Deadlines
• Costs Award
• Tallying Of Results